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mindslight 11 hours ago

You're invoking a common "libertarian" trope, so I'm going to address that larger topic. Right-fundamentalist (ie axiomatic) "libertarianism" is fallacious. Logically, by asserting an unlimited "right" to contract, one can straightforwardly reframe any totalitarian state as merely being contracts between the state and its citizens/subjects/victims. And simply renaming things clearly does not make for a society that respects individual liberty!

The only sensible way to approach libertarianism is to qualitatively evaluate individual liberty. And being prohibited from speaking 8 years after the fact, especially when there is a compelling public interest, is in no way equitable. If they want her continued silence, they should have to buy that on the order of year to year.

zeroonetwothree 8 hours ago | parent [-]

Contracts are entered by private individuals, not by the state. So your pithy claim to instantly demolish the idea is not actually effective.

mindslight 7 hours ago | parent [-]

I don't understand your argument. Contracts can generally be entered into by private individuals as well as by legal entities like the state.

If you're making an argument that the right to contract should be unlimited between individuals (and perhaps unlimited between legal entities), but should be limited when made between individuals and artificial legal entities, that would be an interesting framing to explore. But afaik it's not really a popular one.

(although I don't know that such a framework would actually invalidate what I said, especially for autocratic totalitarian states - each citizen of North Korea could just as easily be said to have a contract with Kim Jong Un himself)